State of Nebraska (State Purchasing Bureau)
REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM
RETURN TO:
State Purchasing Bureau
1526 K Street, Suite 130
Lincoln, Nebraska 68508
Phone: 402-471-6500
Fax: 402-471-2089
SOLICITATION NUMBER / RELEASE DATERFP 5557Z1 / March 27, 2017
OPENING DATE AND TIME / PROCUREMENT CONTACT
June 16, 2017 at 2:00 p.m. Central Time / Teresa Fleming/Robert Thompson
This form is part of the specification package and must be signed in ink and returned, along with proposal documents, by the opening date and time specified.
PLEASE READ CAREFULLY!
SCOPE OF SERVICEThe State of Nebraska, Administrative Services (AS), Materiel Division, State Purchasing Bureau, is issuing this Request for Proposal, RFP Number 5557Z1 for the purpose of selecting a qualified contractor to provide modernization of the Nebraska Department of Motor Vehicles Vehicle Title and Registration (VTR) System.
Two question and answer periods will occur. The first round of written questions, before the Pre-Proposal Conference, are due no later than April 09, 2017. The second round of written questions, following the Pre-Proposal Conference, are due not later than May 11, 2017. Questions should be submitted via e-mail to . Written questions may also be sent by facsimile to 402-471-2089.
A Pre-Proposal Conference with mandatory attendance will be held on May 05, 2017 at 9:00 a.m. Central Time at the Nebraska State Office Building, Lower Level, Conference Room D, 301 Centennial Mall, South, Lincoln, NE 68508.
Bidder should submit one original of the entire proposal. Proposals must be submitted by the proposal due date and time.
PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THIS REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE REQUIREMENTS.
1. Sealed proposals must be received in State Purchasing Bureau by the date and time of proposal opening per the schedule of events. No late proposals will be accepted. No electronic, e-mail, fax, voice, or telephone proposals will be accepted.
2. This form “REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES” MUST be manually signed, in ink, and returned by the proposal opening date and time along with bidder’s proposal and any other requirements as specified in the Request for Proposal in order for a bidder’s proposal to be evaluated.
3. It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://das.nebraska.gov/materiel/purchasing.html
IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.02, all State contracts in effect as of January 1, 2014, and all contracts entered into thereafter, will be posted to a public website. Beginning July 1, 2014, all contracts will be posted to a public website managed by the Department of Administrative Services.
In addition, all responses to Requests for Proposals will be posted to the Department of Administrative Services public website. The public posting will include figures, illustrations, photographs, charts, or other supplementary material. Proprietary information identified and marked according to state law is exempt from posting. To exempt proprietary information you must submit a written showing that the release of the information would give an advantage to named business competitor(s) and show that the named business competitor(s) will gain a demonstrated advantage by disclosure of information. The mere assertion that information is proprietary is not sufficient. (Attorney General Opinion No. 92068, April 27, 1992) The agency will then determine if the interests served by nondisclosure outweigh any public purpose served by disclosure. Cost proposals will not be considered proprietary.
To facilitate such public postings, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract or response to this RFP for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a response to this RFP, specifically waives any copyright or other protection the contract or response to the RFP may have; and, acknowledge that they have the ability and authority to enter into such waiver. This reservation and waiver is a prerequisite for submitting a response to this RFP and award of the contract. Failure to agree to the reservation and waiver of protection will result in the response to the RFP being non-conforming and rejected.
Any entity awarded a contract or submitting a RFP agrees not to sue, file a claim, or make a demand of any kind, and will indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of contracts, RFPs and related documents.
ii SPB RFP Revised: 01/29/2016
BIDDER MUST COMPLETE THE FOLLOWINGBy signing this Request for Proposal for Contractual Services form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions unless otherwise agreed to (see Section III) and certifies that bidder maintains a drug free work place environment.
Per Nebraska’s Transparency in Government Procurement Act, Neb. Rev Stat § 73-603 AS is required to collect statistical information regarding the number of contracts awarded to Nebraska Contractors. This information is for statistical purposes only and will not be considered for contract award purposes.
_____ NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. “Nebraska Contractor” shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this RFP.
_____ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. § 73-107 and wish to have preference, if applicable, considered in the award of this contract.
FIRM:
COMPLETE ADDRESS:
TELEPHONE NUMBER: ______FAX NUMBER:
SIGNATURE: DATE:
TYPED NAME & TITLE OF SIGNER: ____________
TABLE OF CONTENTS
I. SCOPE OF THE REQUEST FOR PROPOSAL 1
A. SCHEDULE OF EVENTS 1
II. PROCUREMENT PROCEDURES 2
A. PROCURING OFFICE AND CONTACT PERSON 2
B. GENERAL INFORMATION 2
C. CUSTOMER SERVICE 2
D. COMMUNICATION WITH STATE STAFF AND EVALUATORS 2
E. WRITTEN QUESTIONS AND ANSWERS 3
F. PRE-PROPOSAL CONFERENCE 3
G. ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS 3
H. SUBMISSION OF PROPOSALS 4
I. PROPOSAL OPENING 4
J. LATE PROPOSALS 4
K. REJECTION OF PROPOSALS 4
L. EVALUATION OF PROPOSALS 4
M. EVALUATION COMMITTEE 5
N. MANDATORY REQUIREMENTS 6
O. REFERENCE CHECKS 6
P. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS 6
Q. VIOLATION OF TERMS AND CONDITIONS 6
III. TERMS AND CONDITIONS 7
A. GENERAL 7
B. AWARD 8
C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION 8
D. PERMITS, REGULATIONS, LAWS 9
E. OWNERSHIP OF INFORMATION AND DATA 9
F. INSURANCE REQUIREMENTS 9
G. COOPERATION WITH OTHER CONTRACTORS 11
H. INDEPENDENT CONTRACTOR 11
I. CONTRACTOR RESPONSIBILITY 12
J. CONTRACTOR PERSONNEL 12
K. CONTRACT CONFLICTS 13
L. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION 13
M. CONFLICT OF INTEREST 13
N. PROPOSAL PREPARATION COSTS 13
O. ERRORS AND OMISSIONS 14
P. BEGINNING OF WORK 14
Q. ASSIGNMENT BY THE STATE 14
R. ASSIGNMENT BY THE CONTRACTOR 14
S. DEVIATIONS FROM THE REQUEST FOR PROPOSAL 15
T. GOVERNING LAW 15
U. ATTORNEY'S FEES 15
V. ADVERTISING 15
W. STATE PROPERTY 16
X. SITE RULES AND REGULATIONS 16
Y. NOTIFICATION 16
Z. EARLY TERMINATION 17
AA. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS 18
BB. BREACH BY CONTRACTOR 18
CC. ASSURANCES BEFORE BREACH 18
DD. ADMINISTRATION – CONTRACT TERMINATION 19
EE. PERFORMANCE BOND 19
FF. FORCE MAJEURE 19
GG. PROHIBITION AGAINST ADVANCE PAYMENT 20
HH. PAYMENT 20
II. INVOICES 20
JJ. RIGHT TO AUDIT 21
KK. TAXES 21
LL. INSPECTION AND APPROVAL 22
MM. CHANGE ORDERS 22
NN. SEVERABILITY 22
OO. CONFIDENTIALITY 23
PP. PROPRIETARY INFORMATION 23
QQ. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING 24
RR. STATEMENT OF NON-COLLUSION 24
SS. PRICES 24
TT. BEST AND FINAL OFFER 25
UU. ETHICS IN PUBLIC CONTRACTING 25
VV. INDEMNIFICATION 26
WW. NEBRASKA TECHNOLOGY ACCESS STANDARDS 27
XX. ANTITRUST 27
YY. DISASTER RECOVERY/BACK UP PLAN 27
ZZ. TIME IS OF THE ESSENCE 27
AAA. RECYCLING 28
BBB. DRUG POLICY 28
CCC. EMPLOYEE WORK ELIGIBILITY STATUS 28
DDD. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY 29
EEE. POLITICAL SUB-DIVISIONS 29
IV. PROJECT DESCRIPTION AND SCOPE OF WORK 30
A. PROJECT OVERVIEW 30
B. PROJECT ENVIRONMENT 31
C. SCOPE OF WORK 33
D. CHANGE MANAGEMENT 60
E. DELIVERABLES 61
V. PROPOSAL INSTRUCTIONS 64
A. PROPOSAL SUBMISSION 64
B. COST PROPOSAL REQUIREMENTS 64
Form A Bidder Contact Sheet 65
Form B Notification of Intent to Attend Pre-Proposal Conference 66
Form C Project Rates 67
iv SPB RFP Revised: 01/29/2016
GLOSSARY OF TERMS
Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other sources of testing standards, for measuring the effectiveness of products or services and the means used for testing such performance.
Addendum: Something to be added or deleted to an existing document; a supplement.
After Receipt of Order (ARO): After Receipt of Order
Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska.
Agent/Representative: A person authorized to act on behalf of another.
Amend: To alter or change by adding, subtracting, or substituting.
Amendment: A written correction or alteration to a document.
Application Programming Interface (API): Application programming interface (API) is a set of routines, protocols, and tools for building software and applications. This allows software to be built in sections and then assembled. It also allows specific sections of IT systems to be updated without compromising the overall interface.
Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.
AS400: The Application System/400 (AS400) is a computer system used at the State level by the Nebraska Department of Motor Vehicles (State DMV), as well as at county offices. Also referred to as the State Vehicle Title Registration (VTR) and County VTR System.
Authentication: The process of uniquely identifying an individual. Authentication ensures that the individual is who he or she claims to be, but says nothing about the access rights of the individual.
Authorization: The process of giving individuals access to system objects based on their identity which allows them to add, update, delete, or view information for a web application.
Automated Clearing House (ACH): Automated Clearing House (ACH) is an electronic network for financial transactions in the United States.
Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State.
Best and Final Offer (BAFO): In a competitive bid, the final offer submitted which contains the bidder’s (vendor’s) most favorable terms for price.
Bid/Proposal: The offer submitted by a vendor in a response to written solicitation.
Bidder: A vendor who submits an offer bid in response to a written solicitation.
Big bang: Software deployment approach where the entire planned system functionality becomes operable at once, rather than by a phased in approach.
Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.
Business Day: Any weekday, except State-recognized holidays.
Business Process: A set of linked activities that creates value by transforming an input into a more valuable output. Both input and output can be artifacts and/or information, and the transformation can be performed by human actors, machines, or both.
Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays.
Cancellation: To call off or revoke a purchase order without expectation of conducting or performing it at a later time.
Central Processing Unit (CPU): Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software.
Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlawful purpose.
Commercial Off the Shelf (COTS): A software product, supplied by a vendor, that has specific functionality as part of a system—a piece of prebuilt software that is integrated into the system and must be delivered with the system to provide operational functionality or to sustain maintenance efforts. For the purposes of this procurement, COTS refers to an out-of- the-box software system that has core VTR functionality built-in.
Commodities: Any equipment, material, supply, or goods; anything movable or tangible that is provided or sold.
Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results.
Competition: The effort or action of two or more commercial interests to obtain the same business from third parties.
Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive.